Opinions

IRET Properties v. Tano, et al. 2014 ND 112
Docket No.: 20130359
Filing Date: 6/18/2014
Case Type: Appeal - Civil - Landlord/Tenant
Author: Per Curiam

Highlight: Order denying motion to vacate or set aside default judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Francis v. Francis 2014 ND 111
Docket No.: 20130317
Filing Date: 6/4/2014
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A domestic violence advocate is limited to participating in proceedings only to the extent provided for in N.D. Supreme Court Administrative Rule 34, section 5.

Disciplinary Board v. Lawler (Consol. w/ 20140054-20140062 2014 ND 110
Docket No.: 20140053
Filing Date: 6/2/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

State v. Brown 2014 ND 108
Docket No.: 20130401
Filing Date: 5/28/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Convictions for delivery of a controlled substance and possession of a controlled substance with intent to deliver are summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Schlieve v. Schlieve 2014 ND 107
Docket No.: 20130368
Filing Date: 5/28/2014
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A court's award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous or it is not sufficiently specific to show the factual basis for the decision.
A court' may give significant weight to the preferences of mature minor children.
A court is not required to do a line-by-line best-interest analysis for each individual child, but when the factors are different for each child, such an analysis is permissible and may be necessary.
A religious provision in a parenting plan may not require a parent to take a child to certain religious services.

Schroeder v. Schroeder 2014 ND 106
Docket No.: 20130351
Filing Date: 5/28/2014
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: An evidentiary hearing for modification of primary residential responsibility is appropriate only if a prima facie case is established for both a material change in circumstances and modification is necessary to serve the best interests of the child.

State Farm Mutual Automobile Insurance Co. v. Gruebele, et al. 2014 ND 105
Docket No.: 20130413
Filing Date: 5/28/2014
Case Type: Appeal - Civil - Insurance
Author: Crothers, Daniel John

Highlight: Negligence imputed to a parent after signing his or her minor child's driver's license application sponsorship form does not automatically create coverage under the signing parent's insurance contract.

State v. Roe 2014 ND 104
Docket No.: 20130326
Filing Date: 5/28/2014
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: Generally, parties or their counsel may stipulate as to evidentiary matters such as the admission, exclusion or withdrawal of evidence, but stipulations that are clearly against public policy will not be validated.
A defendant may waive his confrontation rights by stipulating to the admission of evidence.

Lehman v. State 2014 ND 103
Docket No.: 20130295
Filing Date: 5/28/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Generally, an application for post-conviction relief must be filed within two years of the date the conviction becomes final.
A statute is not regarded as operating retroactively because of the mere fact that it relates to antecedent events.

Datz v. Dosch (cross-reference w/ 20120167 & 20120435) 2014 ND 102
Docket No.: 20130364
Filing Date: 5/28/2014
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: The Supreme Court retains jurisdiction until the mandate is issued.
The issuance of the mandate returns jurisdiction to the district court.